McClary v. Stull
Nebraska Supreme Court
Error from the district court of Nemaha county. Tried below before Bush, J. The facts are stated in the opinion. The pretended will seeks to raise a trust to a charitable use, and in order that there be a good devise or bequest there must be a clearly defined beneficiary who can take under the will; and unless there is such beneficiary the bequest is void, and such beneficiary must be one who can enforce the trust in a court of equity. {Tilden v. Green, 130 N. Y., 29; Levy…
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Error from the district court of Nemaha county. Tried below before Bush, J. The facts are stated in the opinion. The pretended will seeks to raise a trust to a charitable use, and in order that there be a good devise or bequest there must be a clearly defined beneficiary who can take under the will; and unless there is such beneficiary the bequest is void, and such beneficiary must be one who can enforce the trust in a court of equity. {Tilden v. Green, 130 N. Y., 29; Levy v. Levy, 33 N. Y., 97; Prichard v. Thompson, 95 N. Y., 76; Read v. Williams, 125 N. Y., 560; Lepage v. McNamara, 5 la.,…
1Opinion of the CourtPost, J.
This was a proceeding for the proof of the will of Elizabeth C. Handley, deceased, and originated in the county court of Nemaha county. The defendants in erroiy John S. Stull and Frank E. Johnson, who for convenience-will be referred to as the proponents, are named as executors of the will, and the plaintiffs in error, who will be referred to as contestants, are the heirs at law of the deceased. The proceedings in the county court are not involved in the-present controversy and will not, therefore, be noticed further in this opinion. The trial in the district court, as will-be inferred from…
2Cases cited14 opinions
- Fraser v. JennisonMichigan Supreme Court · 1879
- Rice v. RiceMichigan Supreme Court · 1883
- Potter v. JonesOregon Supreme Court · 1891
- Omaha & Republican Valley Railway Co. v. BradyNebraska Supreme Court · 1894
- Spratt v. SprattMichigan Supreme Court · 1889
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3Cited by20 opinions
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- Shiers Ex Rel. Shiers v. CowgillNebraska Supreme Court · 1953
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